4 F. 750 -

4 F1d 750

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Case Text

750

FEDERAL REPORTER.

tions to rulings are taken before the decree is entered, that is, during the trial, there can be no bill of exceptions. Therefore, in the present case, there can be no bill of exceptions, and I must decline to sign one. The only paper I can sign is one amounting to a record, showing the proceedings which took place in court in the case at the trial, prior to the decision of it by the court, embodying the requests to find on both sides, and also the findings made and the written opinion of the cou,rt, and the exceptions filed showing the dates of the several proceedings. It must be left to the supreme court to say what, upon such record, will be the extent of its review in this case. I have changed the proposed bill of exceptions into such a record and have signed it.

fixed rate, the courts will allow them the highest rates existing at the time at the port of departure.

In Admiralty. Drnmrrwnd et Smith, for petitioner. R. H. Kern, for respondents. TREAT, D. J. The demand of libellant, as mariner, is for the sum of $39, and respondent tendered $30.30. It seems that for a previous voyage it was agreed that libellant should receive five dollars more a month than roustabouts, and that he consequently was paid at the rate of $35 per month. On the following voyage, which is that in question, roustabouts received per agreement $40 per month; and, therefore, libellant demands at the rate of $45 per month, and shows, by satisfactory evidence, that the difference for classes of service mentioned is as charged. Mariners are wards of the court, and as such are to be pro-

WALSH '11. STEAM-BHIP LOUISIANA.

751

tected, not to the injury of respondents, but to secure them , their just wages. It is very easy for officers of vessels to , engage mariners at lit fixed rate, and if they do not do So the courts must allow them the highest rates existing at the time at the port of departure. Under this rule libellant will take his decree for $39, interest, and costs.

WALSH V. THE STEAM-Smp LOUISIANA.

(District Court, 8. D. NeAD York. November 8, 1880.)
1.

SEAMAN- W AGES-DISCHARGE.-Where the officers <If a vessel are entitled to discharge a seaman at pleasure, they are bound to be ready to pay his wages at the time of his discharge. Th6 8clw01U'/1' David Faust, 1 Ben. 187.

2. SAME - SAME - DEMAND. - In such case 8 demand of the officer who employed and discharged the seaman is sUfficient.

In Admiralty. J. A. Hyland, for libellants. J. E. Parsons, for claimants. CHOATE, D. J.' This is a suit for wages.' The libellant was hired to serve on board the steam-ship Louisiana as fire-, man, at the rate of $40 a month. He served from August 4, 1880, to August 24th, inclusive. On August 24th he was discharged, being told by the assistant engineer, by whom also he had been employed, that his services were no longer required. The next day, which was Tuesday, he went to the vessel and demanded his wages of the officer who discharged him, aU'll was told by that officer that he could not pay him; that Thursday was pay-day; that, if he wished to be paid sooner, he must go to the captain and get an order. This the libellant refused to do, and threatened to sue the vessel. Thereupon this suit was brought without further demand. There is no dispute about the amount of the libellant's wages. It does not appear in what service the steam ship